Hershey Updates Reese's Packaging After Deceptive Marketing Lawsuit
Hershey, Wednesday, 7 October 2026.
Following the dismissal of a $5 million deceptive marketing lawsuit, Hershey updated its Reese’s Peanut Butter Pumpkins wrapper to explicitly state that the product lacks carved jack-o’-lantern details.
Packaging Updates Follow Legal Challenges
The Hershey Company (NYSE: HSY) has updated the packaging for its seasonal Reese’s Peanut Butter Pumpkins to include an explicit disclaimer stating “Carving not on actual product” [1][3]. This labeling change, confirmed as of 6 October 2026, replaces previous fine print that described the imagery as a “decorating suggestion” [1][2]. The modification comes amidst heightened scrutiny over consumer packaged goods (CPG) packaging design and compliance with consumer protection standards [1]. The new text is located underneath the image of the jack-o-lantern face on the chocolate wrapper [1]. This update underscores the operational legal risks facing major confectionery manufacturers when promotional materials diverge from physical product attributes [2][3].
Litigation History and Judicial Rulings
The packaging adjustment follows a class-action lawsuit filed in May 2024 by plaintiffs including Nathan Vidal, alleging deceptive marketing [1][3]. The plaintiffs sought $5 million in damages, representing Florida sales since 2021, claiming the physical chocolates lacked the detailed Jack-o’-lantern engravings shown on promotional materials [1][2]. On 16 September 2026, Florida District Judge Melissa Damian dismissed the case for the second time, ruling that the plaintiffs failed to prove financial loss [1][3]. The initial lawsuit was also dismissed in September 2025, with the court noting that reasonable consumers view packaging images as suggestions rather than exact representations [1][3]. The legal dispute spanned 2 years before the final dismissal [1].
Consumer Expectations Versus Reality
Judge Damian characterized the plaintiffs’ grievances as “subjective disappointment” rather than quantifiable economic losses actionable in court [1][3]. The lawsuit alleged that Hershey engaged in unlawful and misleading advertising because the products impacted by plaintiff Nathan Vidal’s 2023 purchase did not match the packaging [1][2]. Hershey successfully argued that customers received non-defective, edible candies despite the aesthetic discrepancies [1]. The court found that the plaintiffs did not show they paid a premium for the Peanut Butter Pumpkins nor that the candies lost all economic value due to the absence of decorative carvings [2][3]. Plaintiffs maintained they would not have purchased the chocolates if they knew the details were not featured as pictured [2].
Future Legal Considerations
Following the September 2026 dismissal, attorneys for the plaintiffs indicated they were evaluating a potential appeal [1][3]. Anthony J. Russo Jr., President of The Russo Firm representing the plaintiffs, stated the legal team was “disappointed” in the ruling [1][2]. As of 7 October 2026, the case is officially closed, though the possibility of an appeal remains under review [3]. Hershey did not immediately respond to requests for comment on the reason for the packaging change [2]. The outcome highlights the balance companies must maintain between artistic packaging and consumer transparency in the retail sector [3].